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BNN News Archive Page
       Monday, September 18, 2006

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Rwanda: ICTR Strained Relationship

By Fidel Munyeshyaka
Researcher, GLCSS

This week Rwanda threatened to stop cooperating with the International Criminal Tribunal for Rwanda (ICTR). It cited the lCTR’s failure to terminate the contract of Calixte Gakwaya, a Defence Counsel at the tribunal, who has been accused of participating in the 1994 Genocide. The controversy threatens to impede the pace of the trials as the 2008 deadline approaches.

Gakwaya had been arrested by the Tanzanian authorities but released because he has legal immunity while working at the ICTR. The Rwandan government has accused the tribunal of complicity in his release and threatened to cut links with the ICTR if the tribunal failed to terminate Gakwaya’s contract and facilitate legal proceedings against him.

Rwanda’s Justice Minister Tharcisse Karugarama stated that the government is agitated by the continued existence of genocide suspects within the ICTR. He pointed out that before Gakwaya was recruitment by the tribunal, the ICTR was aware of the case because Rwanda had already issued an international warrant for his arrest and that the Tanzanian government was duly notified.

“We are terribly concerned with the ICTR’s conduct in these genocide charges; it’s very unfortunate and we are reviewing the issue. We will act appropriately,” Karugarama said, adding that 18 genocide suspects were working in various capacities at the ICTR based in Tanzania.

Rwanda filed the accusation in February 2006 when Gakwaya took refuge in Mozambique. Meanwhile, the tribunal’s spokesperson Gallimore refuted the ICTR involvement in the release of Gakwaya.

“We did not order the release of Gakwaya; we just wrote a letter to the Tanzanian police reminding them of what is contained in the agreement and that was how he was released,” Gallimore said, referring to the agreement of immunity with the Tanzanian government for members of the ICTR. He also explained the tribunal was carrying out an internal investigation on the role of Gakwaya, together with eleven other suspects working at the tribunal.

The Rwandan government has contested Gakwaya’s immunity claiming that a genocide suspect is not protected by an agreement between the United Nations and the Tanzanian government. Rwanda Special Envoy Alloys Mutabingwa stated that they have a copy of the agreement, and an attachment added by the UN Assistant Secretary General in charge of Legal Affairs.

At stake however, is the slow pace of the tribunal’s activities amidst these controversies. There are concerns that the dispute will derail the trials and the closing date for the tribunal approaches.


The Great Lakes Centre for Strategic Studies is a London-based think tank.



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posted by GLCSS at 6:20 AM  

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